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HomeMy WebLinkAboutMarch 02, 2006 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday March 2,2006 7:20 p.m. 7:30 & 7:45 p.m. Public Meetings (Zoning) The regular meeting of the Council of the Municipality of Bayham was held in Council Chambers. Present were Mayor Lynn Acre,Deputy Mayor Mathew Schafer,Councillors Mark Taylor,Paul Ens and Cliff Evanitski,Administrator Kyle Kruger and Clerk Lynda Millard. Planning Co-ordinator Margaret Underhill,By-law Enforcement Officer,Fire Chief Paul Groeneveld,Treasurer Suzanna Mantel and Water/Wastewater Superintendent Ed Roloson were in attendance to present their respective reports. 1. CALL TO ORDER Due to the Minor Variance meeting prior to the Council meeting running longer than expected,Mayor Acre called this meeting to order at 7:21 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None 3. APPROVAL OF MINUTES Minutes of the Regular Meeting of Council held February 16, 2006 2006-092 Moved by C Evanitski Seconded by M Schafer "THAT the minutes of the regular meeting of Council held February 16,2006 be approved, as circulated." Disposition: Motion Carried Unanimously 2006-093 Moved by M Schafer Seconded by P Ens "THAT in accordance with Section 21 of Procedural By-law 2002-93,Staff Report DR2006-006 regarding the Demeyere Municipal Drain be added to the agenda as item 7.1(e)." Disposition: Motion Carried Unanimously Council Minutes - 37- March 2, 2006 4. DELEGATIONS (a) 7:05 p.m.—Brendan Caldwell.Caldwell Securities,regarding municipal investment accounts did not attend due to the inclement weather. (b) $:00 p.m.—John Willson was in attendance regarding lack of a buffer zone for the neighbouring property(Zacharias). He encouraged Council to support the placement of a treed buffer. Item 6.1(d) 5. INFORMATION ITEMS 2006-094 Moved by C Evanitski Seconded by P Ens "THAT items 5(a)through 5(n)be received for information." Disposition: Motion Carried Unanimously (a) Ministry of Municipal Affairs and Housing correspondence dated February 22 and 23,2006 regarding extension of term of office for municipal councils and school trustees,and passage of Bill 206(OMERS). File: A16/M06 (b) Parks&Recreation Ontario correspondence dated February 14,2006 regarding background and membership. File: A01 (c) Sci-Tech Ontario correspondence dated February 20,2006 regarding Youth Science Month File: A01 (d) Elgin Group Police Services Board minutes of meeting held February 15, 2006. File: C06 (e) Ministry of Natural Resources correspondence dated February 17,2006 regarding Sunday gun hunting in Bayham. File: A16 (f) Association of Municipalities of Ontario correspondence dated February 15,22 and 23, 2006 regarding "Federal Gas Tax Implementation","2006 OGRA/ROMA Combined Conference-Announcements", "CUPE Strike Called Off,Review of Bill 206 to Occur in 2012". File: A01 (g) Natural Resource Gas Ltd. correspondence dated February 16,2006 regarding Application for Clearance of Non-Commodity Deferral Account Balances. File: E06 (h) Correspondence dated February 14,2006 from Carmen Wilson regarding use of tax money. File: M04 Council Minutes - 38 March 2, 2006 (i) Ontario Property&Environmental Rights Alliance correspondence dated February 18,2006 regarding Land Use Planning by Conservation Authorities. File: A01 (j) Port Burwell Business Development Association correspondence dated February 1,2006 regarding potential ferry service proposal. Councillor Ens questioned who this group is. Mayor Acre agreed to provide the names of participants on this Committee. File: A01 (k) Thames Valley District School Board correspondence dated February 8,2006 regarding participation at the Track&Field Event for Special Olympic Athletes. File: A16 (1) Ministry of Agriculture, Food&Rural Affairs correspondence dated February 16,2006 regarding Livestock,Poultry&Honey Bee Protection Act and the Bear Damage to Livestock Compensation Program. File: A16 (m) Edison Museum of Vienna draft minutes of meeting held February 20,2006 File: C06 (n) Bayham Culture Committee draft minutes of meeting held February 23,2006 File: C06 6. PLANNING, DEVELOPMENT,RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS (a) Staff Report D2006-012 regarding two severance applications: Corinth Mennonite Church Application E5/06 and Abraham and Emma Peters Application E4/06. File: D10.06Peters/Corinth 2006-095 Moved by M Taylor Seconded by P Ens "THAT Staff Report D2006-012 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E4106, submitted by Abraham and Emma Peters,be approved subject to: 1. rezoning of the severed parcel to Institutional (I) zoning designation, 2. severed parcel being merged in title with the adjacent property owned by the Corinth Mennonite Church as per consent application, 3. copy of the final survey be provided to the municipality; Council Minutes - 39 - March 2, 2006 AND THAT Council recommend to the Elgin County Land Division Committee that severance application E5/06,submitted by Corinth Mennonite Church,be approved subject to: 1, rezoning of the severed parcel to Hamlet Residential—Holding(HR-h) designation, 2. severed parcel being merged in title with the adjacent property owned by Abraham and Emma Peters as per consent application, 3. copy of the final survey be provided to the municipality." Disposition: Motion Carried Unanimously (b) Correspondence dated February 14,2006 from Cindy Rattai,President, Straffordville Minor Ball regarding disbanded minor ball assets. File: C13 2006-096 Moved by M Schafer Seconded by M Taylor "THAT the correspondence dated February 14,2006 from Cindy Rattai,President, Straffordville Minor Ball be received; AND THAT the Association be advised that no funds have been transferred to the Municipality from disbanded local minor ball organizations." Disposition: Motion Carried Unanimously (c) Elgin County Tree Commissioner correspondence dated February 20, 2006 regarding Proposed Woodlot Clearing on Lot 20 Concession 11. File: A16/D 2006-097 Moved by C Evanitski Seconded by M Schafer "THAT the correspondence dated February 20,2006 from the Elgin County Tree Commissioner regarding the proposed woodlot clearing on Lot 20 Concession 11 be received; AND THAT Bayham Council recommends to the Tree Commissioner that approval for the woodlot clearing be delayed until land use planning matters for this property are resolved and/or completed." Disposition: Motion Carried Unanimously (d) Correspondence from John Willson, 54241 Shady Lane, dated March 2,2006,regarding lack of a buffer zone for neighbouring property(Zacharias) File: D10 Council Minutes -40 March 2, 2006 2006-098 Moved by P Ens Seconded by M Schafer "THAT the correspondence dated March 2,2006 from John Willson regarding the lack of a buffer zone on the property of Mary and Jake Zacharias being part of Lot 6 Concession 8, at#54238 Shady Lane be received; AND THAT Long Point Region Conservation Authority Staff be consulted to establish an appropriate buffer in the spring of 2006." Disposition: Motion Carried Unanimously 2. PUBLIC MEETINGS 2006-099 Moved by M Taylor Seconded by C Evanitsld "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously I. (a) 7:30 p.m. -Application:The purpose of the amendment is to change the zoning on a 0.7 hectare (1.7ac.)parcel of land and a 35 hectare(86.5 acre)parcel situated on the north side of Heritage Line, east of Maple Grove Line in Part Lot 117& 118 Concession 7 NTR designated Agriculture in the Official Plan and zoned Agriculture(Al) and site-specific Agricultural (A1-9)to Rural Residential(RR-11),and site-specific Special Agriculture(A2-3),respectively. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation- Staff Report D2006-010 regarding Ball Rezoning was presented by the Planning Co-ordinator. She noted that no written comments or objections had been received regarding this application. She advised that By-law Z519-2006 Section 6.11.3.2, Permitted Uses, was amended to read "An existing assembly hall may only be used for the uses permitted in the A2 Zone". She added that Mr. Roe,planning consultant for the applicant was present to answer any questions. File: D14.BALL 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2006-100 Moved by P Ens Seconded by M Taylor "THAT the Public Meeting be adjourned at 7:40 p.m." Disposition: Motion Carried Unanimously Council Minutes - 41 - March 2, 2006 7. Disposition of Item 2006-101 Moved by M Taylor Seconded by C Evanitski "THAT Staff Report D2006-010 be received; AND THAT the zoning of those lands located in Concession 7 NTR Part Lots 117 and 118, owned by William and Rosemary Ball,be changed from site-specific Agricultural(A1-9) to site-specific Rural Residential(RR-11) Zone on the proposed severed surplus farm dwelling parcel and from site-specific Agricultural(A1-9)and Agriculture(A1)to site-specific Special Agriculture(A2-3)Zone on the retained agricultural parcel; AND THAT Zoning By-law Z519-2006, as amended, be presented to Council for enactment." Disposition: Motion Carried Unanimously 2006-102 Moved by P Ens Seconded by M Schafer "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously 1. (b) 7:45 p.m. —Application:The purpose of the amendment is to change the zoning on a 5669 m2 (1.4 acre)parcel of land situated on the south side of Heritage Line, west of Coyle Road, in Concession 6 STR Part Lots 132& 133 from the Agriculture(Al)Zone to the Rural Residential (RR)Zone and on a 29.26 hectare(72.8 acre)vacant parcel in the same location from Agriculture(Al)to Special Agricultural(A2) submitted by Keith,Fred and Susan Hermann. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation- Staff Report D2006-009 regarding Hermann Rezoning was presented by the Planning Co-ordinator. She advised that no written comments or objections had been received regarding this application. File: D14.HERM 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2006-103 Moved by M Schafer Seconded by P Ens "THAT the Public Meeting be adjourned at 7:50 p.m." Disposition: Motion Carried Unanimously Council Minutes - 42 - March 2, 2006 7. Disposition of Item 2906-104 Moved by M Schafer Seconded by M Taylor "THAT Staff Report D2006-009 be received; AND THAT the zoning of those lands located in Concession 6 STR Part Lots 132 & 133, owned by Keith, Fred and Susan Hermann,be changed from Agricultural(A1)to Rural Residential(RR)Zone on the proposed severed surplus farm dwelling parcel and from Agricultural (A1)to Special Agriculture (A2) Zone on the retained agricultural parcel; AND THAT Zoning By-law Z520-2006 be presented for enactment." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE & DRAINAGE CORRESPONDENCE&REPORTS (a) Verbal request from Councillor Evanitski to discuss accidents at corner of Culloden Road and Eden Line. 2006-105 Moved by M Taylor Seconded by P Ens "THAT the County of Elgin be advised that concerns have been raised to members of the Council of the Municipality of Bayham regarding the frequency of accidents at the Culloden Road and Eden Line intersection; AND THAT the County Engineer be requested to investigate and consider options to reduce these incidents and respond back to Bayham Council with any findings,recommendations, solutions and/or actions to be taken." Disposition: Motion Carried Unanimously (b) Staff Report DR2006-005 regarding Godo Municipal Drain—Norfolk County Report. File: E09 2006-106 Moved by P Ens Seconded by C Evanitski "THAT the Council of the Municipality of Bayham acknowledges the filing with the Clerk on February 23,2006 of the Notice of Drainage Works and Engineer's Report Project #04-057dated January 24,2006 for the Godo Drain, affecting the former railway lands and known as the Bayham Tillsonburg Utility Corridor by Norfolk County; THAT Staff Report DR2006-005 be received; Council Minutes -43 'March 2, 2006 THAT Council agrees to proceed and whereas municipal owned lands only are assessed in the report,there is no need to mail out Notices; AND THAT Staff be directed to attend the Meeting scheduled Tuesday,March 14,2006 at 5:00 pm." Disposition: Motion Carried Unanimously (c) Staff Report DR2006-004 regarding Otter's Edge Municipal Drain Petition. File: E09 2006-107 Moved by C Evanitski Seconded by P Ens "THAT the Council of the Municipality of Bayham acknowledges the filing with the Clerk on February 16,2006 of the Petition for the drainage works for the Otter's Edge Municipal Drain,in Lots 11, 12,and 13, Concession 2,and Plank Road(being County Road#19),in the Municipality of Bayham; AND THAT Staff Report DR2006-004 be received; AND THAT Council agrees to proceed with this matter and appoints Spriet Associates, Engineers,to prepare a preliminary report on the proposed drainage area,pursuant to Section 5 of the Drainage Act,for Council's consideration; AND THAT Staff be directed to mail Notices for the"On-Site Meeting"to be held with the engineers,to all persons assessed to this drainage works,in accordance with the Drainage Act." Disposition: Motion Carried Unanimously (d) By-law No.2006-004,being a by-law to provide for drainage works, being Henry Street Drain(Corinth) --THIRD reading only (e) Staff Report DR2006-006 regarding the Demeyere Drain-Norfolk County Report. File: E09 2006-108 Moved by P Ens Seconded by C Evanitski "TIIAT Council of the Municipality of Bayham acknowledges the filing with the Clerk on February 28,2006 of the Notice of Drainage Works and Engineer's Report Project#00-078 dated February 7,2006 for the Demeyere Drain,affecting the former railway lands located in the Municipality of Bayham by Norfolk County; AND THAT Staff Report DR2006-006 be received; Council Minutes - 44 - March 2, 2006 AND THAT Council agrees to proceed with this matter and whereas municipal owned lands only are assessed in the report,there is no need to mail out Notices; AND THAT Staff be directed to attend the Meeting scheduled Tuesday,March 14,2006 at 5:00 pm." Disposition: Motion Carried Unanimously 8. PROPERTY, BUILDING&PROTECTIVE SERVICES CORRESPONDENCE&REPORTS (a) Correspondence dated February 13, 2006 from John D. and Nancie J.Byrnes, 6 Chatham Street regarding garbage and refuse behind their property File: P01 2006-109 Moved by P Ens Seconded by M Schafer "THAT the correspondence dated February 13,2006 from John D. and Nancie J.Byrnes regarding garbage and refuse behind their property be received; AND THAT the By-Law Enforcement Officer look into the situation." Disposition: Motion Carried Unanimously (b) 2005 By-law Enforcement Summary Report for the period of January 1 —December 31/05. File: P01 2006-110 Moved by M Schafer Seconded by P Ens "THAT the 2005 By-Iaw Enforcement Summary Report be received for information." Disposition: Motion Carried Unanimously (c) Staff Report P2006-007 regarding the disposal of Surplus Fire Department Pumper Truck File: P16 2006-111 Moved by P Ens Seconded by M Taylor "THAT Staff Report P2006-007 regarding the Disposal of Surplus Fire Department Pumper Truck be received for information." Disposition: Motion Carried Unanimously Council Minutes - 45 - March 2, 2006 (d) Staff Report P2006-004 regarding Fire Department/CEMP Annual Report File: P16 2006-112 Moved by M Schafer Seconded by P Ens "THAT Staff Report P2006-004 regarding the Fire Department Annual Report be received for information" Disposition: Motion Carried Unanimously (e) Staff Report PR2006-002 regarding the Request for Conveyance of Lumber Street,Vienna File: T09 2006-113 Moved by M Schafer Seconded by P Ens THAT Staff Report PR2006-002 be received; AND THAT the Municipality advise Mr. Bryon Rusk that it is receptive to the conveyance of Lumber Street in Vienna, provided Mr. Rusk be responsible for costs, and the appropriate exchange of lands to add to the current Vienna Library property." Disposition: Motion Carried Unanimously (f) Staff Report PR2006-003 regarding the Food Concession at the Port Burwell Municipal Beach File: Ci l 2006-114 Moved by M Taylor Seconded by C Evanitski THAT Staff Report PR2006-003 be received; AND THAT Staff be authorized to issue a Request for Proposals to operate a Concession Food Booth on the beach at Port Burwell for the 2006 season." Disposition: Motion Carried Unanimously (g) Correspondence from Christine Churchill dated February 27, 2006 regarding unwanted and undesired noise from Country Camping File: C13/M04 2006-115 Moved by P Ens Seconded by C Evanitski THAT the correspondence from Christine Churchill dated February 27,2006 regarding unwanted and undesired noise from Country Camping be received for information." Disposition: Motion Carried Unanimously Council Minutes -46 - March 2, 2006 (h) Email correspondence from Nancy Farley dated February 4, 2006 requesting the use of the municipal road allowance in Eden File: C13 2006-116 Moved by C Evanitski Seconded by M Schafer "THAT the email correspondence from Nancy Farley dated February 4,2006 requesting the use of the municipal road allowance in Eden be received for information." Disposition: Motion Carried Unanimously 9. FINANCE,ADML'NTISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 158 to Cheque#233 inclusive totaling$234, 816.10 and Payroll Disbursements for the period ending February 12,2006 totaling$42,057.57. 2006-117 Moved by M Schafer Seconded by C Evanitsld "THAT Cheque Register being Cheque#158 to Cheque#233 inclusive,totaling $234,816.10 and payroll Disbursements for the period ending February 12/06 totaling $42,057.57 be approved." Disposition: Motion Carried Unanimously (b) Staff Report F2006-05 submitted by the Treasurer regarding Investments 2005 File F03.05 2006-118 Moved by M Taylor Seconded by C Evanitski "THAT Staff Report F2006-05 regarding 2005 Investments be received for information." Disposition: Motion Carried Unanimously (c) Port Burwell Marine Museum draft minutes of meeting held January 31,2006. File: C06 2006-119 Moved by M Schafer Seconded by M Taylor "THAT the Port Burwell Marine Museum draft minutes of meeting held January 31,2006 be received; Council Minutes - 47 - March 2, 2006 AND THAT items 5- budget amendments, and 6—website,be considered during the 2006 budget discussions." Disposition: Motion Carried Unanimously (d) Memorandum of Reply dated February 24,2006 from the Edison Museum Board of Vienna regarding Museums Bayham Governance By-law 2006-003. File: C11 2006-120 Moved by M Schafer Seconded by M Taylor "THAT the Edison Museum Memorandum of Reply dated February 24th regarding Museums Bayham Governance By-law be deferred to the next meeting." Disposition: Motion Carried Unanimously (e) Correspondence from the Elgin Group Police Services Board dated February 17,2006 regarding the Proposed 2006 Budget for the Elgin Group Police Services Board File: P17/F05 2006-121 Moved by M Taylor Seconded by M Schafer "THAT the correspondence from the Elgin Group Police Services Board dated February 17,2006 be received; AND THAT Council of the Municipality of Bayham supports the proposed 2006 Budget for the Elgin Group Police Services Board in the amount of$26,133." Disposition: Motion Carried Unanimously (f) Correspondence from Peter Ungar received January 31,2006 regarding the Port Burwell beach File: C13 2006-122 Moved by M Taylor Seconded by M Schafer "THAT the correspondence from Peter Ungar received January 31, 2006 regarding the Port Burwell beach be received." Disposition: Motion Carried Unanimously Additional added item (g) Verbal request by Deputy Mayor Schafer to discuss Bayham/ Malahide representation on the Elgin Police Services Board due to the proposed extension of the Municipal Council term to :1 four year period. Council Minutes -48 - March 2, 2006 2006-123 Moved by M Schafer Seconded by M Taylor "THAT the Council of the Municipality of Bayham seek input from the Township of Malahide whether there is interest in dividing representation of the Police Services Board into alternating two year terms should the term of Municipal Councils be extended to a four year term." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Annual Report regarding Drinking-Water Systems Regulation O.Reg. 170/03 for the period January 1, 2005 to December 31,2005 on the Port Burwell Secondary Water Line File: E05 2006-124 Moved by M Schafer Seconded by M Taylor "THAT the Annual Report regarding Drinking-Water Systems Regulation O.Reg. 170/03 for the period January 1,2005 to December 31,2005 on the Port Burwell Secondary Water Line be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Staff Report regarding the 2005 Compliance Summary Report for the Bayham Water Distribution System. The Superintendent reviewed this item carried over from Feb.16/06 File: E08 (b) Staff Report E2006-002 regarding Waste Management Services (From Feb.16/06) File: E07 2006-125 Moved by P Ens Seconded by M Schafer "THAT Council authorize two year extensions for contracts with Norfolk Disposal Services Limited, for the provision of weekly Waste Disposal, Collection of Residential and Commercial waste,bulk collection bins,and for the provision of weekly collection and disposal of recyclables,as outlined in Report E2006-002, subject to confirming that such pricing for recycling services for a two year term is competitive with other firms, or alternatively that other firms will not provide pricing; Council Minutes - 49 - March 2, 2006 AND THAT Council agree to partner with the Town of Aylmer,the Municipality of Central Elgin,the Municipality of Dutton/Dunwich,and the Township of Malahide in undertaking a feasibility study which will evaluate the provision of collection, processing, and marketing of recyclable goods,at an upset limit of$5,000 per municipality." Disposition: Motion Carried Unanimously MOTION TO EXTEND LENGTH OF MEETING 2006-126 Moved by M Taylor Seconded by C Evanitski "THAT in accordance with Section 12 of Procedural By-law 2002-93,Council shall deal with business until 11:00 p.m.at its meeting of March 2,2006." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2006-127 Moved by C Evanitski Seconded by M Taylor "THAT the Council do now rise to enter into an"In Camera"Session of Committee of the Whole to discuss personal matters about an identifiable individual,including municipal or local board employees." Disposition: Motion Carried Unanimously 2006-128 Moved by M Taylor Seconded by C Evanitski "THAT the Committee of the Whole do now rise from the"In Camera"session." Disposition: Motion Carried Unanimously CORRESPONDENCE&REPORTS (a) Confidential correspondence regarding a personnel matter. 2006-129 Moved by M Taylor Seconded by C Evanitski "THAT the resignation of Dwayne Daniel from the positions of Chief Building Official and Drainage Superintendent,effective March 19,2006,be accepted with regret." Disposition: Motion Carried Unanimously (b) Councillor Evanitski request for discussion regarding a confidential property matter. Council Minutes - 50 - March 2, 2006 12. BY-LAWS By-law Z519-2006 A By-law to Amend Zoning By-law No.Z456-2003 (Ball) By-law Z520-2006 A By-law to Amend Zoning By-law No. Z456-2006(Hermann) By-law 2006-004 A By-law to Provide Drainage Works being Henry Street Drain(Corinth) (THIRD reading only) By-law 2006-015 A By-law to confirm Council Actions 2006-130 Moved by C Evanitski Seconded by M Taylor "THAT By-law 2006-004,being a by-law to provide for drainage works,being Corinth Drain Henry Street Branch,be read a third time and finally passed." Disposition: Motion Carried Unanimously 2006-131 Moved by P Ens Seconded by M Schafer "THAT By-Iaws Z519-2006 and Z520-2006 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously 2006-132 Moved by P Ens Seconded by C Evanitski "THAT confirming By-law 2006-015 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2006-133 Moved by C Evanitski Seconded by M Taylor "THAT the meeting be adjourned at 10:50 p.m." Disposition: Motion Carried Unanimously MAYOR , . 4, 1 1 CLERK J Date Approved: (o/,0